Negotiating with Idem Servicing

[Busymum]

I have an old debt with idem which was transferred to them about 7 years ago. It was originally with Lloyds bank. I have been paying them through Moneysolve since then. I would now like to try and negotiate a final settlement. However after reading advice on here, I tried to ask them for a copy of the original agreement which they have after 2 months been unable to produce. They keep trying to call me to demand I do a new financial form telling them all my details and where I am getting the money from to pay them etc. I have refused to do so at the moment as I am waiting for them to produce paperwork which they are unable to do. I also pointed out that they don't need to know all the financial details if we are going to end the payments with a final settlement. They are being very pushy and phoning me daily at the moment. I was thinking of writing to them again to say if they can't produce paperwork then I will be ceasing payments as I don't have evidence of them owning my debt. Is this the best way forward? I owe them about £5000 at the moment. Thanks for the help.

[charitynjw]

Re: Negotiating with Idem Servicing

Hi Busymum

I tried to ask them for a copy of the original agreement

Is it a regulated agreement?
If yes, did you send a CCA request?

[Busymum]

Re: Negotiating with Idem Servicing

I think so. Yes I did send a cca request about two months ago now. They acknowledged that letter and stated that the couldn't produce it but have asked Lloyds to locate it. I haven't heard anything from them regarding this since then.

[charitynjw]

Re: Negotiating with Idem Servicing

Any idea when the original agreement was signed?

[Busymum]

Re: Negotiating with Idem Servicing

It would have been signed around 2005

[charitynjw]

Re: Negotiating with Idem Servicing

Ok, so it's a pre 2007 regulated agreement which they seem to be having difficulty tracing.
They could have problems with this.
If it were me I wouldn't be giving them any details, I would politely ask them when they are going to comply with the CCA request.
Did you get proof of posting for it, btw?

[Busymum]

Re: Negotiating with Idem Servicing

Hi,
I have told them as far as I am concerned the ball is in their court to provide me with what I have requested and I refuse to supply them with anything at the moment. How long should I leave it? I am really keen to sort this out with a final settlement now. I have their letter to knowledge my request for a cca.

[charitynjw]

Re: Negotiating with Idem Servicing

As you say, the ball is now in their court.
The next move, if any, is for them to make.

[Busymum]

Re: Negotiating with Idem Servicing

Yes I think so too. What I am wondering is, should I stop paying them in the meantime and how long should I wait? I want to bring it all to a close rather than leave it all open indefinitely

[charitynjw]

Re: Negotiating with Idem Servicing

Lol

Stopping paying would liven them up.

Whatever you decide, if it were me I'd be wondering why they aren't responding to the CCA request.
One thing for certain, they can't enforce the debt until they do so. (That doesn't necessarily mean that it doesn't exist or will be wiped out, but if they can't enforce it.......).

[Busymum]

Re: Negotiating with Idem Servicing

It has already been removed from my credit file so wondering what they could do without a contract

[charitynjw]

Re: Negotiating with Idem Servicing

Without a copy of the original agreement they are going to struggle.
They can reconstitute the agreement from info derived from other sources (per Carey v HSBC) but it has to be accurate.
All too often these debt purchasers fail at this.
& that is without looking into possible issues concerning assignment, Default Notice etc, etc.
But bear in mind that there is circa £5k in the offing; they're not going to give up without a fight, I reckon.

[Busymum]

Re: Negotiating with Idem Servicing

Thanks. They are refusing to negotiate without me filling out a full financial form and I am refusing to do that so in a bit of stalemate at the moment

[Busymum]

Re: Negotiating with Idem Servicing

Hi,
just wanting some advice. I sent cca requests to idem and a couple of other creditors in May and none have been able to produce any contracts at all. I have been paying them and wanted to settle the account with a settlement offer which they wouldn't accept. Now that they can't produce paperwork, if I stop paying them, can they legally do anything? It has been on my credit file and was removed about 6 months ago now.